Legal Actions to Take if You’re Facing Workplace Retaliation in New Jersey

Facing workplace retaliation can be a daunting experience, especially in a state like New Jersey where employee rights are protected under various laws. If you find yourself experiencing retaliation after reporting discrimination, harassment, or any other workplace issue, knowing your legal options is crucial. Here is a guide to the legal actions you can take if you’re facing workplace retaliation in New Jersey.

1. Document Everything

One of the first steps you should take is to document every incident of retaliation. Keep detailed records of dates, times, locations, witnesses, and the nature of the retaliatory acts you are experiencing. This documentation may include changes in job duties, wage reduction, or hostile work environment incidents. Having concrete evidence is vital when pursuing legal action.

2. Review Your Employer’s Policies

Most employers have policies regarding retaliation or grievances. Review your company’s employee handbook or code of conduct to understand the procedures they have in place. This can guide you on how to formally report your concerns internally before escalating to legal action.

3. File an Internal Complaint

Before taking legal action, it's often recommended to file an internal complaint with your Human Resources (HR) department. This allows your employer the opportunity to address your concerns directly. Make sure to submit your complaint in writing and keep a copy for your records. If your employer fails to act on your complaint, this will strengthen your case if you choose to pursue legal action later.

4. Seek Legal Advice

If the retaliation continues after you’ve reported it internally, seeking legal advice is a critical step. Consult with an attorney who specializes in employment law in New Jersey. They can evaluate the details of your situation and advise you on the best course of action. Legal professionals can also help you understand your rights under both federal and state laws.

5. File a Charge with the EEOC

In New Jersey, you can file a charge of retaliation with the U.S. Equal Employment Opportunity Commission (EEOC) or the New Jersey Division on Civil Rights (DCR). The EEOC investigates allegations of employment discrimination and retaliation. Filing a charge is a legal requirement before you can file a lawsuit, so it’s an essential step in the process.

6. Consider Filing a Lawsuit

If the EEOC or DCR find reasonable cause in your favor, you may be entitled to file a lawsuit against your employer. Your attorney can assist you in this process, helping to prove that retaliation has occurred and that it has caused you harm. In New Jersey, you may be eligible for remedies such as back pay, compensation for emotional distress, or reinstatement.

7. Stand Up Against Retaliation

Retaliation in the workplace is not only unethical but also illegal. Standing up against it is your right as an employee. In New Jersey, laws such as the NJ Law Against Discrimination protect employees from unfair treatment for reporting illegal practices. Raising awareness about your situation may also help others who may be facing similar circumstances.

Conclusion

Workplace retaliation is a serious issue, but knowing your rights and the legal actions available to you in New Jersey can empower you to take the necessary steps. Documenting incidents, reporting internally, and seeking legal advice are crucial actions to safeguard your rights. Remember, you don’t have to face this situation alone—support and resources are available to help you navigate your path forward.